Terms of service
OVERVIEW
This website is operated by Balloonora. Throughout the site, the terms “we”, “us” and “our” refer to Balloonora. Balloonora offers this website, including all information, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing from us, you engage in our service and agree to be bound by these Terms of Service (“Terms”), including any additional policies referenced herein or available by hyperlink, such as our Shipping Policy, Refund & Returns, and Privacy Policy. These Terms apply to all users of the site, including without limitation browsers, customers, and any other users accessing our services.
Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree, you may not access the website or use any services.
We reserve the right to update, modify, or replace any part of these Terms at any time by posting updates on this page. It is your responsibility to review this page periodically. Continued use of the website following any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your province or territory of residence. If you are using this website on behalf of a minor, you represent that you have the legal authority to do so and accept full responsibility for their use of the site.
You agree not to use our website, products, or services for any illegal, fraudulent, or unauthorized purpose, and not to violate any applicable laws or regulations in your jurisdiction, including but not limited to intellectual property laws. You must not transmit or introduce any viruses, malware, or any code of a destructive or harmful nature to the website or its systems.
Any breach or violation of these Terms may result in the immediate suspension or termination of your access to our services, without prior notice and at our sole discretion. We reserve the right to investigate any suspected misuse of the website and to take appropriate legal action where necessary.
SECTION 2 – GENERAL CONDITIONS
We reserve the right, at our sole discretion, to refuse service, cancel orders, or limit access to our website or services for any reason at any time, without prior notice.
You acknowledge that, except for payment information, any content you submit or transmit through the website may be transferred over various networks and may be subject to technical processing and adaptation. Payment information is processed securely through third-party providers and is encrypted during transmission.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the website, its content, products, or services without our prior written permission. You further agree not to misuse the website, including attempting to interfere with its functionality, access restricted areas, or use the site for any commercial purpose without authorization. The section headings used in these Terms are for convenience only and do not affect the interpretation or enforceability of any provision.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on this website is accurate, complete, or up to date. The content is provided for general information only and should not be relied upon as the sole basis for making decisions. Any use of the information on this site is at your own risk.
This website may contain certain information that is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time without prior notice; however, we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to the site.
SECTION 4 – CHANGES TO PRICING AND SERVICES
Prices for our products may change at any time without notice. We reserve the right, at our sole discretion, to modify, suspend, or discontinue any part of the Service, including products or content, at any time without prior notice. Such changes may occur without liability to you or any third party.
SECTION 5 – PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the website and may have limited quantities. All products are subject to our Refund Policy. We make every effort to display product images and colors as accurately as possible; however, we cannot guarantee that your device will display colors accurately. All products are sold as described at the time of purchase. In the case of DIY balloon kits, products are provided as materials only and require self-assembly. We do not guarantee that the final result will match the images shown on the website.
We reserve the right, at our sole discretion, to limit or refuse sales to any person, geographic region, or jurisdiction, and to limit quantities of any products offered. All product descriptions, availability, and pricing are subject to change at any time without notice. We may discontinue any product at any time. Personalized products are created based on the information provided by the customer. We are not responsible for errors, including spelling or incorrect details submitted at the time of order. We do not guarantee any specific results from the use of our products or services and disclaim responsibility for any outcomes that do not meet your expectations.
SECTION 6 – BILLING AND ACCOUNT INFORMATION
We reserve the right, at our sole discretion, to refuse or cancel any order, including limiting quantities purchased per person, household, or order. This may include orders placed under the same account, payment method, or billing and shipping address. In the event of a change or cancellation, we may attempt to notify you using the contact information provided at the time of purchase. We also reserve the right to limit or prohibit orders that appear to be placed by resellers, distributors, or for commercial resale purposes. You agree to provide current, complete, and accurate purchase and account information for all orders. You agree to promptly update your information, including contact and payment details, to ensure successful processing and communication. For additional details, please refer to our Refund & Returns Policy.
SECTION 7 – THIRD-PARTY TOOLS
We may provide access to third-party tools or services that we do not control or monitor. Such tools are provided “as is” and “as available,” without any warranties, representations, or conditions of any kind. We are not responsible for the availability, performance, or use of any third-party tools, and any use of such tools is at your own risk. You are responsible for reviewing and agreeing to the terms of the relevant third-party providers. Any new features, services, or tools introduced on the website will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Some content, products, or services available on this website may include materials from third parties. Links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for the content, accuracy, or practices of any third-party websites, products, or services, and we do not accept any liability for them. Any use of third-party websites or services is at your own risk. We recommend reviewing their terms and policies before making any purchase or engaging with them. Any questions, complaints, or claims related to third-party products or services should be directed to the respective third party.
SECTION 9 – USER CONTENT AND FEEDBACK
If you submit any comments, feedback, suggestions, or other materials to us, whether requested or not, you agree that we may use, edit, publish, and distribute such content without restriction and without any obligation to compensate you. We are not required to maintain any submissions in confidence or to respond to them.
You agree that any content you provide will not violate any rights of third parties, including intellectual property, privacy, or other personal rights, and will not contain unlawful, abusive, or harmful material. We reserve the right, but not the obligation, to remove or edit any content that we consider inappropriate or in violation of these Terms. You are solely responsible for any content you submit, and we are not liable for any content posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Any personal information you provide through this website, including information submitted when placing an order or contacting us, is collected, used, and handled in accordance with our Privacy Policy. By using this website, you agree to the collection and use of your information as described in our Privacy Policy. This may include processing your personal data for order fulfillment, customer support, communication, and improvement of our services.
We take reasonable measures to protect your personal information; however, you acknowledge that no method of transmission over the Internet or electronic storage is completely secure. For more detailed information about how we collect, use, and protect your personal data, please review our Privacy Policy.
SECTION 11 – CORRECTIONS AND UPDATES
From time to time, information on our website may contain errors, inaccuracies, or omissions, including in product descriptions, pricing, promotions, shipping details, delivery estimates, and availability. We reserve the right, at any time and without prior notice, to correct any errors, inaccuracies, or omissions, and to update or change information as necessary. This includes the right to cancel or refuse any order placed based on incorrect information, including after an order has been submitted or confirmed.
While we make reasonable efforts to ensure that all information on the website is accurate and up to date, we do not guarantee that all content is free from errors or omissions. We are not obligated to update, amend, or clarify any information on the website, including pricing or availability, except where required by applicable law.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful or unauthorized purpose or to solicit others to engage in unlawful acts; (b) in violation of any applicable laws or regulations, including international, federal, provincial, or local laws; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to engage in abusive, harmful, defamatory, or discriminatory conduct, including harassment or intimidation; (e) to submit false or misleading information or to impersonate any person or entity; (f) to upload, transmit, or distribute viruses, malware, or any other malicious code that may affect the functionality or operation of the website or related systems; (g) to collect, track, or misuse personal information of others without proper authorization; (h) to use automated systems, including bots, scrapers, or similar tools, without our prior written permission; (i) to interfere with, disrupt, or attempt to bypass the security features of the website or any related systems. We reserve the right to suspend or terminate your access to the website or services for violating any of the above prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Service and all products and services provided through the website are provided on an “as is” and “as available” basis, without any representation, warranty, or condition of any kind, whether express, implied, or statutory, including, without limitation, any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant, represent, or guarantee that your use of the Service will be uninterrupted, timely, secure, error-free, or free from defects, or that any results obtained from the use of the Service will be accurate, reliable, or meet your expectations. You expressly agree that your use of, or inability to use, the Service and any products purchased through the Service is at your sole risk.
To the fullest extent permitted by applicable law, in no event shall we, our affiliates, directors, officers, employees, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or damages of any kind, whether direct, indirect, incidental, punitive, special, or consequential, including, without limitation, loss of profits, revenue, savings, data, goodwill, business interruption, or replacement costs, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from or related to your use of the Service, your purchase or use of any products, or any other claim related in any way to the Service.
Without limiting the foregoing, we shall not be liable for any errors or omissions in any content, inaccuracies in product information, or for any loss or damage incurred as a result of the use of the Service, website, or any content or products made available through the Service, even if advised of the possibility of such damages.
You agree that any claim or cause of action arising out of or related to the use of the Service must be brought within the time period permitted by applicable law and that our total liability, if any, shall in all cases be limited to the maximum extent permitted by law.
Where certain jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, such limitations shall apply to the fullest extent permitted by applicable law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless us and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, suppliers, and subcontractors from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable legal fees), arising out of or relating to your breach of these Terms of Service or any policies incorporated herein, your violation of any applicable laws or regulations, or your infringement or violation of any rights of a third party.
This indemnification obligation includes, without limitation, any claims arising from your use or misuse of the website or products, any content or information you submit, and any unauthorized or unlawful activity conducted through your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with such defense. Your obligations under this section shall survive the termination of these Terms of Service and your use of the website.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity or enforceability of any remaining provisions, which shall continue in full force and effect.
SECTION 16 – TERMINATION
These Terms of Service remain in effect unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the website or our services. We reserve the right, at our sole discretion, to suspend or terminate your access to the website or services at any time, without prior notice, if we believe that you have violated any provision of these Terms or applicable laws. Any obligations or liabilities incurred prior to termination shall survive the termination of this agreement, including any amounts owed up to and including the date of termination. Upon termination, we may deny you access to the website or any part of the services.
SECTION 17 – ENTIRE AGREEMENT
These Terms of Service, together with any policies or operating rules posted on this website, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict of law principles.
You agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the use of the website, or any products or services shall be subject to the exclusive jurisdiction and venue of the courts located in Ontario, Canada. You hereby irrevocably submit to the jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum.
SECTION 19 – CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service at any time without prior notice by posting updates on this website. It is your responsibility to review these Terms periodically for changes. Your continued use of or access to the website or services following the posting of any changes constitutes your acceptance of those changes. We may, but are not obligated to, notify you of material changes to these Terms.
SECTION 20 – CUSTOMER ACKNOWLEDGMENT
By placing an order on this website, you acknowledge and agree that you have reviewed the product descriptions and understand the nature of the products being purchased. You acknowledge that DIY balloon kits are sold as unassembled products and are not inflated upon delivery. You understand that assembly, inflation, and final presentation are your responsibility, and that the final result may vary depending on individual skill, handling, and environmental conditions.
You further acknowledge that personalized products are created based on the information you provide at the time of purchase. You are solely responsible for ensuring that all details, including spelling, names, and other customization inputs, are accurate at the time of order.By completing your purchase, you confirm that you accept these conditions and understand the limitations associated with DIY and personalized products.
SECTION 21 – CUSTOMER ACKNOWLEDGMENT
By placing an order on this website, you acknowledge and agree that you have reviewed the product descriptions and understand the nature of the products being purchased. You acknowledge that DIY balloon kits are sold as unassembled products and are not inflated upon delivery. You understand that assembly, inflation, and final presentation are your responsibility, and that the final result may vary depending on individual skill, handling, and environmental conditions.
You further acknowledge that personalized products are created based on the information you provide at the time of purchase. You are solely responsible for ensuring that all details, including spelling, names, and other customization inputs, are accurate at the time of order.By completing your purchase, you confirm that you accept these conditions and understand the limitations associated with DIY and personalized products.
Prices may be displayed in different currencies for convenience. Final charges are processed in CAD based on the current exchange rate at checkout.
SECTION 22 – CONTACT INFORMATION
Questions about these Terms of Service should be directed to us using the contact information below:
Email: info@balloonora.com
Address: Yonge St & Eglinton, Toronto, ON